Section 2823(2) requires surgical technologists functioning in health care facilities to be certified or complete an appropriate training program for surgical technology in the U.S. military. A health care facility cannot employ or contract with a surgical technologist unless the person meets the listed requirement. Section 2823(2) (c) provides an exception for individuals who are employed as surgical technologists on or in the two years prior to the effective date of this Act.

Section 2823 (3) allows surgical technologists to perform surgical technology under the supervision of a health care professional performing the surgery or another health care professional participating in the surgery acting within his or her scope of practice.

Section 2823(5) allows a health care facility to employ or contract with an individual who does not meet the requirements of this bill if the facility can demonstrate diligent and thorough efforts to be in compliance. It also requires the employer to demonstrate that the individual has met the requirements of subdivision 2 of this section within twenty-four months.

Section 2823(6) allows a health care professional to perform surgical technology tasks if such tasks are within the scope of his or her license. Further clarifies that nothing in this section shall allow for an unlicensed professional to perform tasks or functions limited to the scope of practice of a health care professional.

Section 2823 (7) requires a health care facility, upon request, to verify the dates of employment of a surgical technician.

Section 2823 (8)states that the Department of Health is responsible for enforcement and compliance with each of these provisions.

EXISTING LAW: There is no existing law regulating the training or skills required of surgical technologists in health care facilities.

JUSTIFICATION: Surgical technologists have a vital role in creating and maintaining a sterile surgical room, ensuring that surgical equipment is functioning properly and safely, and assisting surgeons during surgical procedures. Because surgical technologists are directly responsible for patients' well-being and safety, they are expected to possess a certain level of competence and skill. Furthermore, surgical technologists must be cognizant of the surgeon's needs while performing an operation and this type of knowledge requires specific training.

While surgical technology is an established field with accredited programs, health care facilities are not required to employ or contract with credentialed individuals.

This law would require hospitals to hire only certified personnel or individuals falling within the exceptions of the bill. Hospitals which contract for and hire surgical technologists to practice in their operating rooms must ensure that these professionals are competent and adequately skilled to perform the job.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it becomes law.

Text

STATE OF NEW YORK
________________________________________________________________________
4563--A
2011-2012 Regular Sessions
IN SENATE
April 12, 2011
___________

Introduced by Sens. SAVINO, ADDABBO, MAZIARZ -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public health law, in relation to surgical technolo-
gy and surgical technologists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2823 to read as follows:
S 2823. SURGICAL TECHNOLOGY AND SURGICAL TECHNOLOGISTS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "HEALTH CARE FACILITY" MEANS A HOSPITAL, AMBULATORY SURGICAL
CENTER, OR FREESTANDING SURGICAL OUTPATIENT FACILITY.
(B) "SURGICAL TECHNOLOGIST" MEANS A PERSON WHO PERFORMS SURGICAL TECH-
NOLOGY OTHER THAN IN THE COURSE OF PRACTICING AS A HEALTH CARE PROFES-
SIONAL.
(C) "SURGICAL TECHNOLOGY" MEANS SURGICAL PATIENT CARE THAT INCLUDES,
BUT IS NOT LIMITED TO, THE FOLLOWING TASKS OR FUNCTIONS:
(I) PREPARING THE OPERATING ROOM FOR SURGICAL PROCEDURES BY ENSURING
THAT SURGICAL EQUIPMENT IS FUNCTIONING PROPERLY AND SAFELY;
(II) PREPARING THE OPERATING ROOM AND THE STERILE FIELD FOR SURGICAL
PROCEDURES BY PREPARING STERILE SUPPLIES, INSTRUMENTS, AND EQUIPMENT
USING STERILE TECHNIQUE;
(III) ANTICIPATING THE NEEDS OF THE SURGICAL TEAM BASED ON KNOWLEDGE
OF HUMAN ANATOMY AND PATHOPHYSIOLOGY AND HOW THEY RELATE TO THE SURGICAL
PATIENT AND THE PATIENT'S SURGICAL PROCEDURE; AND
(IV) AS DIRECTED, PERFORMING TASKS AT THE STERILE FIELD INCLUDING:
(A) IDENTIFYING AND CORRECTING BREACHES IN ASEPSIS;
(B) PASSING SUPPLIES, EQUIPMENT OR INSTRUMENTS;
(C) PREPARING AND CUTTING SUTURE MATERIAL;

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09904-11-1

S. 4563--A 2

(D) TRANSFERRING AND IRRIGATING WITH FLUIDS;
(E) TRANSFERRING, BUT NOT ADMINISTERING, DRUGS WITHIN THE STERILE
FIELD;
(F) HANDLING SPECIMENS;
(G) HOLDING RETRACTORS AND OTHER INSTRUMENTS THAT ARE PLACED ON OR
WITHIN THE PATIENT'S BODY BY A SURGEON OR OTHER HEALTH CARE PROFES-
SIONAL;
(H) CONNECTING DRAINS TO SUCTION APPARATUS; AND
(I) PERFORMING SPONGE, NEEDLE, SUPPLY, AND INSTRUMENT COUNTS WITH THE
REGISTERED NURSE.
(D) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED,
CERTIFIED OR AUTHORIZED TO PRACTICE A HEALTH CARE PROFESSION UNDER TITLE
EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF HIS OR HER PRAC-
TICE.
2. A PERSON MAY NOT FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTH
CARE FACILITY, AND A HEALTH CARE FACILITY SHALL NOT EMPLOY OR OTHERWISE
CONTRACT FOR THE SERVICES OF A SURGICAL TECHNOLOGIST, UNLESS THE PERSON
MEETS ONE OF THE FOLLOWING:
(A) HAS SUCCESSFULLY COMPLETED A NATIONALLY ACCREDITED EDUCATIONAL
PROGRAM FOR SURGICAL TECHNOLOGISTS AND HOLDS AND MAINTAINS THE CERTIFIED
SURGICAL TECHNOLOGIST CREDENTIAL ADMINISTERED BY THE NATIONAL BOARD OF
SURGICAL TECHNOLOGY AND SURGICAL ASSISTING OR ITS SUCCESSOR OR A
NATIONALLY ACCREDITED CREDENTIALING AGENCY ACCEPTABLE TO THE COMMISSION-
ER;
(B) HAS COMPLETED AN APPROPRIATE TRAINING PROGRAM FOR SURGICAL TECH-
NOLOGY IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST
GUARD OR PUBLIC HEALTH SERVICE COMMISSIONED CORPS;
(C) PROVIDES EVIDENCE THAT THE PERSON WAS EMPLOYED AS A SURGICAL TECH-
NOLOGIST IN A HEALTH CARE FACILITY ON OR IN THE TWO YEARS IMMEDIATELY
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTHERANCE OF THIS
CLAUSE, ANY EMPLOYER OF PERSONS PERFORMING SURGICAL TECHNOLOGY ON THE
EFFECTIVE DATE OF THIS SECTION SHALL CONFIRM IN WRITING TO SUCH EMPLOYEE
HIS OR HER EMPLOYMENT IN A CAPACITY PERFORMING SURGICAL TECHNOLOGY IN A
HEALTH CARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION; OR
(D) IS IN THE SERVICE OF THE FEDERAL GOVERNMENT, TO THE EXTENT THE
PERSON IS PERFORMING DUTIES RELATED TO THAT SERVICE.
A PERSON MAY BE EMPLOYED OR CONTRACTED TO PRACTICE SURGICAL TECHNOLOGY
DURING THE TWELVE MONTH PERIOD IMMEDIATELY FOLLOWING SUCCESSFUL
COMPLETION OF A SURGICAL TECHNOLOGY PROGRAM UNDER PARAGRAPH (A) OF THIS
SUBDIVISION, BUT MAY NOT CONTINUE TO BE EMPLOYED OR CONTRACTED WITH
BEYOND THAT PERIOD WITHOUT DOCUMENTATION THAT THE EMPLOYEE OR CONTRACTOR
HOLDS AND MAINTAINS THE CERTIFIED SURGICAL TECHNOLOGIST CREDENTIAL
REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION.
3. A SURGICAL TECHNOLOGIST SHALL NOT PERFORM SURGICAL TECHNOLOGY
EXCEPT UNDER THE DIRECTION AND SUPERVISION OF A HEALTH CARE PROFESSIONAL
PERFORMING THE SURGERY OR ANOTHER HEALTH CARE PROFESSIONAL PARTICIPATING
IN THE SURGERY AND ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE TO
DIRECT AND SUPERVISE THE SURGICAL TECHNOLOGIST.
4. A PERSON WHO QUALIFIES TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A
HEALTH CARE FACILITY UNDER PARAGRAPHS (B) OR (C) OF SUBDIVISION TWO OF
THIS SECTION MUST ANNUALLY COMPLETE FIFTEEN HOURS OF CONTINUING EDUCA-
TION TO REMAIN QUALIFIED TO PRACTICE AS A SURGICAL TECHNOLOGIST. A
HEALTH CARE FACILITY THAT EMPLOYS OR CONTRACTS WITH A PERSON TO PRACTICE
SURGICAL TECHNOLOGY SHALL VERIFY THAT THE PERSON MEETS THE CONTINUING
EDUCATION REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS

S. 4563--A 3

SECTION OR, WHERE APPLICABLE, THAT THE PERSON HAS OBTAINED AND MAIN-
TAINED THE CERTIFIED SURGICAL TECHNOLOGIST CREDENTIAL.
5. A HEALTH CARE FACILITY MAY EMPLOY OR OTHERWISE CONTRACT WITH A
PERSON WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
SECTION TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTH CARE FACILITY
IF:
(A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTH
CARE FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER
OF QUALIFIED SURGICAL TECHNOLOGISTS WHO MEET THE REQUIREMENTS OF THIS
SECTION AND THE HEALTH CARE FACILITY;
(B) THE HEALTH CARE FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS
UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND RETAINS THE RECORD AT THE
HEALTH FACILITY; AND
(C) THE PERSON MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
SECTION WITHIN TWO YEARS OF THE START OF EMPLOYMENT OR CONTRACTING.
6. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTH CARE PROFESSIONAL
FROM PERFORMING SURGICAL TECHNOLOGY TASKS OR FUNCTIONS IF THE PERSON IS
ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN THIS SECTION
SHALL MEAN AN UNLICENSED PROFESSIONAL MAY PERFORM TASKS OR FUNCTIONS
LIMITED TO THE SCOPE OF PRACTICE OF A HEALTH CARE PROFESSIONAL UNDER
TITLE EIGHT OF THE EDUCATION LAW.
7. A HEALTH CARE FACILITY WHO EMPLOYS OR CONTRACTS A SURGICAL TECHNOL-
OGIST SHALL, UPON REQUEST, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF
SUCH PERSON.
8. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.

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